HomeMy WebLinkAboutBy-law 6962/09
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO. 6962/09
Being a By-law to amend Restricted Area (Zoning) By-law 3037,
as amended, to implement the Official Plan of the City of
Pickering, Region of Durham in Part of Lot 34, Concession 9,
in the City of Pickering. (A 21/08)
WHEREAS the Council of The Corporation of the City of Pickering deems it
desirable to permit low intensity recreational uses with accessory small-scale
environmental education facilities, in the City of Pickering;
AND WHEREAS an amendment to By-law 3037, as amended, is therefore
deemed necessary;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING ENACTS AS FOLLOWS:
1. SCHEDULEI
Schedule I attached hereto with notations and references shown thereon
is hereby declared to be part of this By-law.
2. AREA RESTRICTED
The provisions of this By-law shall only apply to those lands in Part of Lot
34, 'Concession 9, Pickering, designated "ORM-A-2" and "ORM-EP" on
Schedule I attached hereto.
3. GENERAL PROVISIONS
No building, land or part thereof shall hereafter be used, occupied,
erected, moved, or structurally altered except in conformity with the
provisions of this By-law.
4. DEFINITIONS
In this By-law,
(1) "Accessory Use" shall mean a use of land, buildings or structures
that is normally incidental or subordinate to the principal use, building
or structure located on the same lot.
By-law No. 6962/09 Page 2
(2) "Agricultural Use" shall mean the growing of crops, including nursery
and horticultural crops, raising of livestock and other animals,
including poultry and fish, for food and fur, aquaculture, and
agro-forestry and maple syrup production.
(3) "Agriculture-Related Uses" shall mean commercial and industrial
uses that are small-scale, directly related to a farm operation, and
required in close proximity to the farm operation.
(4) - "Animal Agrriculture" shall mean the growing, producing and raising
farm animals including, without limitation, livestock, including
equines, poultry and ratites, fur-bearing animals, bees, cultured fish,
deer and elk, and game animals and birds:
(5) "Bed and Breakfast Establishment" shall mean an establishment that
provides sleeping accommodation (including breakfast and other
meals, services, facilities and amenities for the exclusive use of
guests) for the traveling or vacationing public within a detached
dwelling that is the principal residence of the proprietor of the
establishment.
(6) "Conservation" shall mean the wise use, protection and rehabilitation
of natural resources according to principles that will assure their
highest economic, social and environmental benefits.
(7) "Exterior Side Yard" shall mean a side yard immediately adjoining a
street or abutting a reserve on the opposite side of which is a street.
(8) "Farm Vacation Home" shall mean an establishment that provides
sleeping accommodation (including participation in farm activities,
meals, services, facilities and amenities for the exclusive use of
guests) for the traveling or vacationing public in up to three guest
rooms within a single dwelling that is located on a farm and is the
principal residence of the proprietor of the establishment.
(9) "Home lndustry" shall mean a business that,
(a) is carried on as a small-scale use that is accessory to a detached
dwelling or agricultural operation; ,
(b) provides a service such as carpentry, metalworking, welding,
electrical work or blacksmithing, primarily to the farming
community;
(c) may be carried on in whole or in part in an accessory building,
and
(d) does not include uses such .as an auto repair or paint shop or
furniture stripping.
By-law No. 6962/09 Page 3
(10) "Low Intensity Recreational Uses shall mean recreational uses that
have minimal impact on the natural environment, and require very
little terrain or vegetation modification and few, if any, buildings or
structures, including but not limited to the following:
(e) non-motorized trail uses;
(f) natural heritage appreciation;
(g) unserviced camping on public and `institutional land;
(h) accessory uses.
(11) "Resource' Management" shall mean the preservation, protection
and improvement of the natural environment through comprehensive
management and maintenance, under professional direction for both .
the individual and society's use, both in the present and the future,
and shall also mean the management, development and cultivation
of timber resources to ensure the continuous production of wood or
wood products, the provision of proper environmental conditions for
the preservation of fish and wildlife habitat, the protection against
floods and erosion, the protection and production of water supplies
and the preservation of the recreational resource.
(12) "Smalkscale.EnvironmentaI Education Facilities" shall mean
classrooms and support facilities used in association with low
intensity recreation uses.
(13) "Temporary Detached Dwelling" shall mean a dwelling constructed
in accordance with the requirements of the Building Code, excluding
a permanent foundation that is designed and constructed so as to
enable complete removal of the building within 48 hours of being
required to do so,
5. PROVISIONS
(1) (a) Permitted Uses OAK RIDGES MORAINE AGRICULTURAL
("ORM-A-2" ZONE)
No person shall within an Oak Ridges Moraine Agricultural
("ORM-A-2" Zone), use any land or erect, alter or use any
building or structure except in accordance with the following
(i) agricultural use
(ii) bed and breakfast establishment
(iii) conservation projects and flood and erosion control
projects
(iv) detached dwelling
(v) farm vacation home
(vi) home-based business
By-law No. 6962/09 Page 4
(vii) home industry
(viii) low intensity recreational use
(ix) publicly initiated transportation, infrastructure and utilities
(x) resource management
(xi) small-scale environmental education facilities
(xii) temporary detached dwelling accessory to an agricultural
use
(b) Zone Requirements ("ORM-A-2" ZONE)
(i) Minimum Lot Area 4 hectares
(ii) Minimum Lot Frontage 150 metres
(iii) Minimum Yard Requirements
A Front Yard 15.0 metres
B Interior Side Yard 6.0 metres
C Exterior Side Yard 7.5 metres
D Rear Yard 15.0 metres
(iv) Maximum Lot Coverage 20%
(v) Maximum Height 12.0 metres
(vi) Minimum Dwelling Unit Gross Floor Area 139 square
metres
(vii) Maximum Building. Ground Floor Area 500 metres
(c) Special Regulations ("ORM-A-2" ZONE)
(i) The maximum floor area for all buildings used for
accessory small-scale environmental education facilities
shall not exceed 350 square metres;
(ii) A farm vacation home and a bed and breakfast
establishment shall provide a maximum of three guest
rooms;
(iii) Temporary Detached Dwelling Requirements:
A A temporary detached dwelling shall be permitted on a
lot with a minimum lot area of 40 hectares;
By-law No 6962/09 Page 5
B Maximum of one temporary detached dwelling shall be
permitted per lot; provided it is used by persons
employed on the farm;
C Where a detached dwelling exists, the maximum
distance between the detached dwelling and a
temporary detached dwelling shall be 50.0 metres,
and the temporary detached dwelling shall not be
located in the front yard.
(iv) Where a home industry is permitted as an accessory use
to a detached dwelling or agricultural operation, the
following provisions shall apply:
A In addition to persons living on the premises not more
than two (2) employees shall be engaged in the home
industry;
B A home industry may be located in part of a dwelling
or in any accessory building located on a lot on which
a dwelling is in existence, provided the total gross floor
area utilized by the home industry does not exceed a
maximum of 140 square metres;
C There shall be no display, other than a non-illuminated
sign having a maximum surface area of 1.0 square
metre;
D There shall be no outside storage of goods, materials
or articles;
E Only motor vehicles associated with the home industry
may be parked or stored on the lot in an interior side
or rear yard;
F A boarding kennel shall not be permitted as a home
industry;
G Home Industry uses shall not include the generation of
or storage of hazardous waste, liquid industrial waste,
or any severely toxic' contaminant listed in Schedule 3
to Ontario Regulation 347 RSO, 1990.
(v) Despite any provision of this By-law, with the exception of
those uses legally existing on November 15, 2001, which
may continue until the use(s) ceases, the following uses
are prohibited within an Area of High Aquifer Vulnerability:
A Generation and storage of hazardous waste or liquid
industrial waste;
B Waste disposal sites and facilities, organic soil
conditioning sites, and snow storage and disposal
facilities
By-law No. 6962/09 Page 6
C Underground and above-ground storage tanks that are
not equipped with an approved secondary
containment device;
D Storage of contaminant listed in Schedule.3 (Severely
Toxic Contaminants) to Regulation 347 of the revised
Regulations of Ontario, 1990.
(vi) Despite any other yardor setback provisions of this By-law
to the contrary, all farm and non-farm development for
livestock facilities will comply with. the Minimum Distance
Separation formulae established by the Province in order
to minimize odour conflicts between livestock facilities and
development. All non-farm development on lots of record
existing as of the date of this By-law shall be exempt from
Minimum Distance Separation' formulae 1 requirements.
(vii) publicly initiated transportation, infrastructure and utilities
may be permitted to cross an Oak Ridges Moraine
Protection ("ORM-EP") Zone.
(2) (a) Permitted Uses OAK RIDGES MORAINE ENVIRONMENTAL
PROTECTION ("ORM-EP ZONE")
The Oak Ridges Moraine Environmental Protection ("ORM-EP")
Zone represents lands on the Oak Ridges Moraine that are
located in a Key Natural Heritage Feature, or a Hydrologically
Sensitive Feature and/or the feature's associated minimum
vegetation protection zone. No person shall, within any Oak
Ridges Moraine Environmental Protection ("ORM-EP") Zone
use any lot, or erect, alter or use any. building or structure
except in accordance with the following provisions:
(i) conservation projects and flood and erosion control
projects;
(ii) publicly initiated transportation, infrastructure and utilities
with the exception of stormwater management ponds;
(iii) resource management.
(b) Zone Requirements ("ORM-EP" ZONE)
(i) No accessory buildings and structures shall exceed 10
square metres in area.
By-law No. 6962/09 Page. 7 -
6. ' BY-LAW 3037
By71aw 3037, as amended, is hereby further amended only to the extent
necessary to give effect to the provisions of this By-law as it applies to the
area set out in Schedule I attached hereto. Definitions and subject
matters not specifically dealt with in this By4aw shall be governed by
relevant provisions of By-law 3037 as amended.
7. EFFECTIVE DATE
This By-law shall come into force in accordance with the provisions of the
Planning Act.
BY-LAW read a first, second, and third time and finally passed this 15th day of
June, 2009.
David R yor
Debi A. Wilcox, City Clerk
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SCHEDULE I TO BY-LAW 6962/09
PASSED THIS 15th
DAY OF JUNE 2009